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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Dec. 17, 1901)
THB MORNING OEEGONIAN, TUESDAY, DECEMBER 17, 1901.
WHO GETS THE REWARD?
SHERIFF OF WASCO COCXTT LAYS
CLAIM TO IT.
Hi Deputy Arrested Kidd, the Traia-
Wrcckcr-His Competitor Is a
THE DALLES. Or., Dec 16. Specula
tion is rife in this city as to who will re
ceive the $1000 reward offered by the Ore
gon Railroad & Navigation Company for
the arrest and conviction of the person
or persons who wrecked the train near
Celll. December G. Kidd. the self-confessed
wrecker, was brought to this city
shortly after the accident by the rail
road employes on the special train con
veying the- injured engineer and flreman.
Upon their arrival here, Kidd was arrest
ed and lodged In the County Jail by Dep
uty Wood and Charles Allsky. Subse
quent examination by Detective Rellly,
of Portland, -elicited Kldd's confession.
The re-ward is now claimed by Reilly and
1 the Sheriff of "Wasco County. Papers filed
1 against Kidd hold him for murder in the
first degree. He now claims to have con
fessed Friday night to another prisoner
In the County Jail.
BOUGHT BY A SYNDICATE.
Mining; Properties in Covr Creek Dis
trict Purchased for $25,000.
GRANT'S PASS, Or., Dec. 16. A syndi
cate of mining men has purchased mining
properties on Upper Cow Creek, formerly
owned by -the Victory Mining Company.
The new syndicate will be known as the
Oregon Consolidated Mining Company.
The price of the sale is reported to bo
$25,009. The principal members of the
company are: Judge Thomas Carroll, of
Tacoma; W. J. Morphy, of Chicago;
George A. Cole, of Missouri, and Freder
ick Eldorauller, D. Phelps, F. H. Miller
ard A. X. Mills, of Oregon.
There are SO claims in the property,
chief among which is the noted Vic
tory hydraulic mine. A 3&-mlle ditch
brings water to the mining grounds
and supplies two big giants, which
are kept at work night and day
for six or eight months in the year. The
giants were started up a few days ago.
The banks of this mine are a loose gray
travel, rich in coarse gold.
Brnden Mine to Resume Worlr.
The Bradcn quartz mines, a few miles
fat of here, which have been closed
down for some time, will resume opcra
I'ons soon, in much better condition for
wirk than ever before. Colonel Ray and
Dr. Ray, both of New York, are the own
cs and managers of the Braden proper
ty s. The mines had been working for
s vcral years up to the time of the fail
ire of the Screnth National Bank, in
New York, in which tho owners had
Three Xevr Gold Strikes.
The discovery of throe new quartz
ledges have been made in Josephine Coun
t; . of late. One was in the Coyote Creek
l!strict. Northern Josephine. R. Huy
sink. a miner, has uncovered a four-foot
ledge carrying free gold and sulphuret
"a1uos, that give average assay values
of ?18 per ton. Two other strikes have
been made by IV. E. Markham and C.
W. Gerboth, on Rogue River, 14 miles
below this city. One ledge has a width
of four feet, carrying average values of
$18 per ton. and the other a width of one
foot, carrying an average value of ?20
per ton each in free gold and sulphurets.
STATUS OF 3IIMNG CLAIMS.
Effect of the Modus Vivendi Afrrcc
inent in Alaska.
WASHINGTON. Dec 1C. Strange to
say. up to a week or so ago the question
has never been raised as to whether or
not an American citizen may locate and
hold a mining claim on that btrip of terri
tory in Alaska affected by the modus vi
Vend! agreement entered into between our
Government and the Government of Can
Dda. Representative Cushman, of Wash
ngton. became interested in this question
md called on Commissioner Hermann, of
the General Land Office, for a ruling,
Evidently the question had not been con
"Inasmuch as your question involves,
or may involve, to some extent, a con
struction of said modus Vivendi," said the
Commissioner to Mr. Cushman, "it would
seem that your question should be pro
pounded to the Secretary of State. I am
unable to refer you to any adjudicated
case In which the question 'you ask was
decided. For obvious reasons, the pro
priety of which I am sure you will readily
perceive, it is contrary to the practice of
this office to express an authoritative opin
ion except in an actual case in which the
record has been regularly submitted."
Mr. Cushman then made a personal call
on the Secretary of State. The Secretary
explained that there is no time limit to
the modus Vivendi.
"During the continuance of the agree
ment," said the Secretary, "new claims on
the American side of the provisional line
are subject to the United States proced
ure, and those on the British side to the
Canadian procedure, without prejudice to
final adjustment of the boundary. But all
rights acquired on cither side before the
modus are unimpaired. It follows, that
such pre-existing rights of the citizens of
the one party within the provisional juris
diction of the other may be established as
of record by any reasonable formality
prescribed by the authority In temporary
control of the territory where such rights
are claimed under the modus."
ALMOST STARVED TO DEATH.
Three Mining Prospectors Barely
Saved Their Lives.
SEATTLE. Dec. 16. With no food save
a morsel of do flour, Martin O'Conner,
formerly of Seattle, and two companions,
wandered three days through the Upper
Tanana Valley. Advices were received
In this city today giving the story of this
jcurney. caused by the burning of the
parry's cabin on the Cheona River, at the
hp?d waters of the Tanana.
Tho three men had been -prospecting.
The burning of the cabin, which occurred
about two months ago. left nothing save
a little flour in a lard pail. They started
across tin. Tanana divide for Eagle City
to get help. For three days they jour
neyd, sc-elng nothing to raise their hopes
and getting no food of any kind save
what they had with them. Then they
came on a cabin. It was deserted and
empty. Three days later, after the same
toil and hardship that the three former
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days had seen, they found another cabin.
It also was empty. O'Conner's compan
ions lay down to die. O'Conner, however.
looked about the premises and found a
cache. The food from it saved their lives.
They thei kept on, after a rest, until
they fcund another stream, on which
was a prospector, who directed them to
Eagle. They are now at Dawson for the
XO DECISION YET.
Xoyes Contempt Cases Still Hanging
Fire Next 'Week May Be the End.
SAN FRANCISCO, Dec 16. It was ex
pected that the Circuit Court of Appeals
would render a decision today in the
Nome contempt cases, and all the In
terested parties, including Judge Noyes.
were on hand when Judges Morrow and
Dehaven entered court. A few motions
regarding other cases were made, but
there was no reference to the contempt
proceedings. The court ordered an ad
journment until next Monday, and In
some quarters this action is taken as an
indication that a decision may be ren
dered at that time.
Sentence Has Expired.
SAN FRANCISCO. Dec. 16.-Judgo Dud
ley C. Dubose, who has been serving a
sentence of six months' imprisonment In
the Alameda County Jail for contempt of
the United States Circuit Court in the
Name cases, will probably be released to
morrow. He received word late today
from his attorney that United States Attorney-General
Knox had reversed the de
cision of the United States District Attor
ney, Marshal B. Woodworth, by deciding
that as a prisoner he Is entitled to 30
days credit for good behavior; so that,
with SO days lopped off his six months'
term, and the advantages that accrue
from the Monday release law of this state.
Judge Dubose will go free tomorrow, or
as soon as official word comes from Wash
ington to release him from further bond
age. Dubose said tonight that he would
probably return to his old home In Mon
tana. CAPTAIX TILLEY IN AMERICA.
Will Proceed Leisurely to WashinB-'
ton ly Southern Route.
SAN FRANCISCO, Dec. 16. Captain B.
F. Tilley, U. S. N.. ex-Governor of Tu
tulla, Samoa, arrived here today on the
steamer Sonoma, accompanied by his
wife. He will proceed to Washington,
traveling leisurely by the Southern route,
in order to accustom himself to a climate
more rigorous than that which he has
long been accustomed to. He received to
day a dispatch from the Secretary of
the Navy Informing him that he need
not hasten to reach the capital. Captain
Tilley expressed his gratification that the
judgment of the officers who considered
the charges against him in Samoa was
in every respect a complete vindication.
Ho predicts an efficient administration on
the part of his successor. Captain Se
bree, who. he says, has already favor
ably impressed the natives.
VALUABLE MINES SOLD.
Kins Solomon Property, in Chelan
County, Has Changed Owner.
NORTH YAKIMA. Wash.. Dec 16. An
Important mining deal took place here
today, by which the ownership of the
King Solomon group of mines, in Chelan
County, was transferred from Messrs. Ed
ward Whitson, Fred Parker and KIcth
Dunlap, to A. W. Frater. a Seattle mining
promoter, who buys for himself and Cleve
land and Buffalo capitalists. The price
was $50,000. The property consists of four
promising claims, and is one of the most
widely known groups of mines In the
Northwest. 'Much ore has been taken out
of the mine already, and the buyers feel
confident that their Investment will prove
profitable The assays run from $11 to $60
to the ton of gold, with an average of
about $50. There is also a good deal of
copper, something like 5 per cent.
The property is not far from the boun
dary line of Chelan County. By wagon
road the nearest railway station is Cle
Elum, but Leavenworth, on the Great
Northern, is closer as to actual distance.
Oregon Mining Stock Exchange.
Adams Mountain 3 514
Artoria-Melbourne (Gtd.) 22 -49
Bronze Monarch V2 15
Buffalo 2i 4
Copporopolis lci ....
Champion 20ii 60
Caribou 2 2V
GoH Hill & Bohemia 0 12'i
Huronian 54 6'
Lost Horse 2 4
Oregon-Colorado M. M. & D 2i 2s'
IMvcrslde 2 4V.
Sumtiter Consolidated 24 4
D00 Riverside 3
Dec. 1C Closing quotations of
Bid. Ask.) Bid. Ask.
Amer. Boy .
Deer Trail ..
Gold Ldge .
Iron Mask ..
L. r. Surp..
Mtn. Lion .
U (Morrison 3
.10 lujfc Prin. Maud .. 2 2U
2?i 2&'QuP 20 2S
. 1 2 (Rarnb. Car ...G3?i 6T?
3U -Jinepubllc 4i& 44
0 CV4 (Reservation .. 3 3V,
.274 2SV Sullivan 9. 10i
1 ZVilTom Thumb ..lC'i 17&
SAN FRANCISCO, Dec 16. Official closing
quotations of mining stocks:
Relcher $0 12Occidental Con ...SO 03
Best & Belcher... HiOphlr 04
Caledonia 10Overman 2
Challenge Con ... 9Potosl 3
Chollar T.iSavage 3
Confidence SojSlerra Nevada ... 14
Con. Cal. &. Va... 1 COjSllver Hill 2J
Crown Point 1 Standard 3 M
Gould & Curry... 4l7nIon Con 00
Hale & Norcross. 13jutah Con 5
Justice ljl'ellow Jacket .... 5
NEW YORK. Dec 10. Mining stocks
closed as follows:
Adams Con $0 20ILUtle Chief
. 8 50
Brunswick Con ..
Con. Cal. &. Va...
Leadvllle Con ...
50i Sierra Nevada ..
1 0,Small Hopes ....
BOSTON. Dec IC '
Cal. & Hecla...
$ 18 OO.Parrott $28 50
CI 75j Santa Fe Cop
34 OOlTamarack ...
20 OOiTrlmountaln ,
(10 00 Trinity
Copper Range ..
Isle Royale ....
47 25 Victoria ,
19 5t,tVlnona ,
31 00t Wolverines ..
FELL OVER A BLUFF.
Indian "Wnr Veteran Killed Xcar Go
ble An Old Settler.
ST. HELENS, Or., Dec. 16. John H.
Blacketer, of Goble. was found dead on
the river bank, near Reubln, this morn
ing. He was an Indian War veteran.
1 home at Goble, where he lived until his
aeatn. no was about 0 years of age.
He received his pension check last Sat
urday and after paying some small bills
became slightly Intoxicated, and started
for his home. It is supposed that ho
went too near a bluff and fell over. It
is not known whether he died from tho
fall or from exposure, as he hid been
dead several hours before being discov
ered. Mnil From Dawson.
SEATTLE. Wash., Dec. 16. Tho first
Klondike mall from Dawson since the
Yukon River closed arrived at noon today
on tho steamer Cottage City. The mall
left Dawson November 28. A mall that
started five days earlier went through soft
Ice on Lake Lebarge, and the horses
drawing it were drowned. The mail was
recovered, but was much damaged.
Kimball Pianos. There are many cheaper
pianos; it is mighty easy to make a piano
for less money, but impossible for other
factories to make one so good. There are a
few more costly pianos; no amount of
money, however, can buy anything better
than the Kimball. Sold by Ellers Piano
House. Store open evenings now.
BEWARE OF BOGUS COINS
3IAXY COUXTERFEITS IX WESTERN
They Are Readily Detected From.
Their BInrred Appearance Au
SEATTLE, Dec 16. Silver counterfeit
dollars and half dollars are circulating in
Western Washington. The coins seem to
be numerous. From "this city and What
tom they have been reported to Captain
Bell, of the United States Secret Service.
The officer has several samples in his
possession and Is investigating the matter.
Although of Ihe legal metal, these coun
terfeits are easily detected. Invariably
they are cast in molds. Like all cast
counterfeits their faces are blurred. While
the "head" side of each Is very clear, the
face having the eagle is indistinct in Its
lines. When placed beside a struck coin
the difference is readily apparent.
FREIGHT TRAIN "WRECKED.
Long: Delay Resulted on Southern Pa
cificOne Man Killed.
ROSEBURG, Dec. 16. An extra south
bound freight train was ditched at 8:30
o'clock last night, about two miles north
of Dlllard Station. Three cars left the
track. Homer Boll, a bookkeeper, from
Cincinnati, O., who was riding a brake
beam, was Instantly killed. His body wap
brought to this city. The wreck delayed
the northbound overland 10 hours. South
bound No. 15 was also delayed. It left
here at i):40 A. M.
The wrecked train was in charge of
Engineer C. M. Rummage, Firemon Burke.
Conductor E. T. Morlan, Brakemen F. M.
Parish and Sam Wiley, none of whom was
hurt. Coroner J. C. Twltchell being ab
sent in Portland, Justice H. J. Roblnett
held an Inquest over tho body of the dead
hobo. He was found to be Homer M.
Boll, and his mother. Mrs. S. Boll. Hvm
at 1434 Pollun avenue, Cincinnati, O. He j
had papers of recommendation from the 1
ottice of the Armour Packing Company,
Omaha, Neb., showing he had been a
bookkeeper there, and other papers showed
that he was a man of education. Other
men beating their way with him said he
had failed to secure employment in San
Francisco, and, being without means, he
was endeavoring to reach Seattle. The
body was brought here and his relatives
notified by wire.
GOVERNOR GEER SPOKE.
Made an Address on the Subject
OREGON CITY, Dec. 1G. Governor T. T.
Geer made an Interesting address to the
Men's Congregational Club tonight on the
subject, "Good Government." He talked
for nearly an hour. His speech was
prefaced by remarks by Colonel Robert A.
Miller, C. B. Moores and Rev. E. S. Bol
linger. A vocal solo by Miss Mary Con
yers and. other music added to the pro
gramme. The Governor dwelt upon the formation
of the early government of Oregon, and
spoke of the struggles of the pioneers.
He read extracts from the records of the
constitutional convention. His address
was heartily applauded and at Its close
ho was tendered the thanks of the club
and made on honorary member. Gov
ernor and Mrs. Geer held an informal re
ception in the parlors of the Congrega
tional Church, where the supper was
SHE GAPED TOO WIDE.
Woman Yawned and Could Not Af
terward Close Her Mouth.
WALLA WALLA, Dec. 16. Mrs. Harry
HIbbard yawned at a ball at Sons of Vet
erans Hall Saturday, and broke up the
dance. Mrs. HIbbard opened her mouth
to the fullest extent, and when she un
dertook to close It the hinges stuck. The
jaw absolutely refused to close, even
when considerable pressure was brought
to bear. When closed by main force, the
jaw would Immediately fly open as soon
as released. The announcement created
intense excitement, and the dance broke
up. A doctor was called, and the unfor
tunate woman removed to her home. Af
ter a few hours' work the trouble was !
Jacob Bruprsrer, a Pioneer of Wash
HILLSBORO, Or., Dec 16 Jacob Brug-
ger. an old and respected pioneer of this '
county, died at the home of his son-ln- j
law, Anderson Reynolds, at Cedar Mill,
last evening. Deceased was a native of
Switzerland, and came to the Pacific '
Coast In 1652. He soon after settled in
this county. He was 73 years of age.
He leaves one daughter, Mrs. Reynolds,
and a large estate.
MEETING OF WOODMEN.
Many Members and Women of Wood
craft Will Be Present.
PENDLETON. Or.. Dec. 16. Five or six
hundred Woodmen and Women of Wood
craft will participate in a log-rolling here
tomorrow. Head Consul Falkenburg and
other prominent officers of the order are
expected to attend. Meetings will be held
In the opera-house A reception and dance
will be given In the evening.
Wrecked "by Persons Unknown.
SPOKANE. Dec. 16. It is now believed
the fatal train wreck near Essex, Mont.,
yesterday, was not an. accident, but a
crime A telegram has been received from
H. A. Kennedy, assistant general superin
tendent of the Great Northern, who has
visited the wreck. He wires:
"There Is not the slightest doubt but
No. 3 was deliberately wrecked by parties
unknown; think discharged employes."
May Build a Pruncdrler.
NORTH YAKIMA. Wash.. Dec. 16. J.
B. Whiteside, of Michigan, Is in the val
ley examining orchards, and probably will
erect a $15,000 pruncdrjing plant for next
season's crop. He has traveled all over
the United S'ates, and says that Yakima
Is an Ideal ulace for a larce fruit evao-
orator. Mr. Whiteside will spend the
next two months looking over the country
and conferring with the principal fruit
growers. So far he has received hearty
Panthers Still Glvlns Trouble.
GRANT'S PASS., Dec. 16. One of the
pair of big panthers that have been the
terror of the Meadows district for some
time past again boldly made its appear
and in that district a few days ago. It
sppcared on the farm of J. H. Walker
and was bravely attacked by a large dog;
,the plncky animal, although succeeding in
driving the monster cat away, was
promptly chewed Into sausage meat in the
jaws of the rapacious beast.
This was the panther which attacked
two women who were washing clothes at
the creek below the house, a few weeks
ago. The panther was In the act of spring
ing upon the women when it was discov
ered and scared away. An effort Is being
madi to kill these two panthers. They
are very cunning and will never place
themselves in range of a rifle. No dogs
have yet been set on their rail but what
have met a speedy death from the sharp
BAKER CITY. Or.. Dec 10. Aus
tin Craltr. the Postmaster and City
Recorder of Whitney, who was
bound over at Sumpter on Saturday
last to await the action of the Cir
cuit Court on the charge of having
misappropriated the funds of the
Bank of Sumpter, for which he was
acting as agent at Whitney, was
placed In the county Jail here to
day. He was unable to obtain bonds
men In the sum of' ?2000. the
amount fixed by the committing
Magistrate. Previously to coming
to Eastern Oregon he served a term
as School Superintendent of Wash
ington County. Forest Grove knew
him as the editor of two newspa
pers. In the day of the A. P. A. he
was one of the most zealous mem
bers of that organization. Craig
was held In high esteem In Baker
City and bis home town.
claws, and powerful jaws of the brutes,
or been sent yelping home, mangled and
Clearing: tho City of Hobos.
SALEM, Or., Dec 16. Two hold-ups
have been reported In Salem in the last 24
hours, but tho police do not credit the
stories. A man suspected of being the
highwayman who committed the robberies
Saturday was arrested last night, but as
there was no Identification he was dis
charged today. The police are making
an elfort to rid the city of hobos.
AT THE HOTELS.
S P M Stephens. Spokn
W J Kendrlck & w, do
Col C A CoolIdge.Van-j
w v Jobes, Spokane
Chas E Shane. San Fr
S F Alden, San Fran
W R Abercromble
u t Mcuonnaugney,
H E Boyrle. Seattle
Karl F Craft, Chicago
jj 1 Jonnson. Clnclnn
S H May, N Y
N J Grennlng, Cbgo
I S Rosenblatt
W W Catlln. city
Sam Cohen. San Fran
E L Toy. Akron. O
S Fouge. N Y
red C conklln. Chgo
Walter B Draper. S F
Wm Parkberry & wife,
J D Isaacs, San Fran
A Hlrschfeld. N Y
A E tVadhams. SeatUo
E H Collls
Mr & Mrs W J Wood
side. San Francisco
H G Ross. San Fran
Geo Smith. Milwaukee
W A Doyle & wf, S F
cnas btewart, San Fr
M J Kinney, Astoria
H 1 Barrett, N Y
J D Mulvehlll. N Y
W M Randall, USA
Thos J Larklns. Salt L1J H Glide. Jr. Sacmto
John D Holllday. Chgo Mrs G H Primrose, NY
E J Roberts & wife. J Arthur Smlth.Rocbes-
I ter. N Y
Geo P Griffith. S F
J A Cranston, city
V H Rohrer. San Fr
Dr F B Whltney.Seattl
IR B Dyer, South Bend
I J F Van Orsdale.Vancv
H Rosenbaum. Mon
Mrs Rosenbaum. do
W F Hill. San Fran
Thos A Jones. Co rvallli
Mrs T A Jones, do
A R Gray. Catlln. Wn
J F Hendricks, Cas
Mrs J F Hendricks, dc
H H Grldley, Vancouvr
J F Verncr. Brownsvlll
Mrs E A Blanchard,
Mrs Alex Slate. Boise
H M Moore, Boise
A Schroder, Astoria
E R Harrison. Rosebrg
E E Whiting. Chicago
Geo W Sherwood, Ta
coma Wm De Haven. McMln
C E Loomls, Eugene
Wm Bender, Soda
Mrs C L Reeves. Med
T H Homer. Chicago
K Tiffing, San Fran
Mrs Tiffing. San Fr
W P Campbell. Chenv
J A Kaller, Manhat
L Jones. Philadelphia
Mrs E H French, The
W H Wilson. Dalles
IV P Asplet. Walla W
j Clifton Rice. Walla W
Mrs J M Toy, Wilming
tmuy Ferguson, do
Victor H Smalley. St
Victor E Palmer.Seattl
Thos Park, Ada, Minn
Mrs Thos Park, do
W W Reed. Rochester
W P Elmer, Browns vl
John R Adams, Mc- 1
Minnvllle, Or !
P Hemlnger. do
Geo S Gabbcrt, Thun
W C Ollegham. Shel
jMrs W W Reed, do
t rea uross, x'enaieton
H L Penry. Everett
H M Fowler. Goble. Or
Mrs A E Mayer, Van
W T Raleigh. Sheridan;
Mrs smitn, .Portland
II rJ Nelson. San Fr
F S Kelley. Dallas. TxMrs H Glenn. Dalles
J M Duncan. Kan Clty,MUs Edna Glenn, do
Chas A wenger, Olym-Mrs TV II Wilson, do
E Amond, Wh Hore,
Mrs C A Wenger, do
S J Beck. Ostrander
Wm Beck. Ostrander
Chas A Beck, do
S J Gross. Catlln.Wn
J C Cameron. So Bend
Mrs c Amond, do
Miss Amond. do
J Domslp. Indp
Mrs Gus Noeske, Aber
i. v.rawioru, aeauie 1
Mrs J Babler. Ilwaco
J P Anderson. Tacoma, Miss A Babler. do
F Pelton, St PI. Minn ) Henry Kratz, Clatska
C Chrlstensen. Catlln j nle, Or
F TV Catlln. do iMrs Henry Kratz. do
P Joseph. San Fran IC TV Rollins. St Louis
L C Mattsen. Chicago I
C TV. Knowles. Manager.
D Mauplerger, McMlnnJC D Gabrielson. Salem
W D Smith, VancouvriMrs A L Hoult, do
W H Mahon, BurnsaOr(Carl Brown. do
R II Lacey. Colfax 'Hoult Brown. do
H Norrls. Olympla 'Harry Dull. N Y
S L Jones. San Fran (Lillian Roa?. N Y
Miss Muhly. San Fran Mrs TV Jack.on. Bak C
J B Lockwood. San FrMl Ruth Jackson, do
W R Phillips, San Fr JH E Anderson. Mlnnpls
Mrs C M Eppley, Sa- iC C Anderson, do
lem jW P Campbell. Chem-
Edmoml Giltner. do I awa
P D Marshall. Albany C Solomon. San Fran
G B Roddls. Osakls. JW F Davidson. Hood R
Minn I Mrs L C Davidson, do
Herbert C Miller, city tMrs Geo A Peebles.
Mrs Emma B Lee, I Weston
Olympla IWm J Clarke. Gervals
D B Taylor. Indp (Geo A Keepers, Ohio
Miss M Lee, Olympla 1 E II Watklns. Cath
Mrs Walter S Brown, j lamet
Portland, Me B F Brock, Eufaula.
THE ST. CHARLES.
L F Brune. EllensburglH H Clark. Warren
C M Nelson. Kelso ,F D Miller. TVhitlng.Ia
G R Rldgeway. Salcm;J II Lewis. Cottg Grv
Geo C Kose. Burns T C Watts, city
O F Grave, Bunu jj B Lovegren. Qnlncy
C C Bush. La Du C TV Lovegren. do
TV G Hesse, Klnton Hobt Gray. Hammond
X. B Bevans. Stevenson' A B Gilbert & fy. Pa
H T Burr. La Du
Miss JackEon. Kelso
S TV Childcrs. Colum
bia T Bratton. Goldendale
F A Bernlng & wife,
Katie MInert. Heppnr
H F Clark. Baker City
Geo Freeman & wife.
Geo Studebaker, Castle
Mrs Powelson. do
W S Fox. Hoqulam
J Woods. Hoqulam
J M Boeder. Honulam
Ed Rotrsaycr. Silver Lk
Chos K Spauldlng.Neiv.
E Bibber, do
Mrs A Workman, do
Mrs Coleman, Buttevl I Co P Varney, McMln
M A Heinpei, uiaisica- t.i u Flshburn. Camas
nle. Or Geo Albertl. Kelso
Geo Adams. do iB A Hanslee. Kelso
P Ducberry. do E Emmons. Kelso
John Walton. Rldgfld I James Jones. Kelso
N Futtrug. Chinook .C A Powell. Lebanon
Mrs F M Falcs. Falcs'iC A Long &. fy. Seattle
Landing R C Fritz. Ilwaco
Mrs J Smith, WoodlndiJ TV Gooding. St Paul
H A Lamb. Rldgcfleld I Ed Rcnle. Hoqulam
Jas Smith. Woodland tJas Tamcrlow & fv
J TV Thomas. Molalla Edw Ball, Iowa
A L Day, Molalla R Y Black, Tillamook
Hotel Branswlck. Scnttle.
European, first-class. Rates. 50c to 51.5
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American plan. Rates, 73 and up.
Donnelly Hotel. Tacoma.
Euronean nlan. Rates 50c and up.
DONE BY SUPREME COURT
THREE LOWER OPINIONS AF
FIRMED AND THREE REVERSED.
Downing Wins One Suit and Loses
Another Damages From Rail
SALEM. Or.. Dec 16. The Oregon Su
preme Court today handed down opinions
In six cases. Three lower opinions were
reversed and three were aflirmed.
Thomas J. Hammer, respondent, vs. F.
O. Downing and F. H. Hopkins, partners,
appellants, from Multnomah County. Al
fred F. Sears, Jr., Judget reversed. Opin
ion by Justice Moore.
This was a proceeding supplemental to
execution to compel satisfaction of a Judg
ment. Downing was cited to appear be
fore a referee to be examined as to his
property liable to execution, but he failed
to appear, and evidence was Introduced
showing that some three months prior to
the taking of the testimony Downing had
$10,000. The referee found that Downing
had this sum still In his possession. Down
ing objected to the confirmation of the
report, but the court overruled the objec
tions and ordered Downing to apply as
much of the money as was necessary to
the satisfaction of the Judgment. From
this order an appeal was taken to the
The Supreme Court .ays:
"The finding that Downing was still
possessed of said money is a conclusion
of law, resulting from the application of
the disputable presumption that a thing
once proved to exist continues as long as
Is usual with things of that nature. (Sec
tion 776, subdivision S3, Hill's Laws.) The
question thus presented Is whether a sum
of money usually continues In the posses
sion of the same person for more than
The court holds that, since In times of
business activity, money does not usually
remain In one person's hands, unless he
be a miser, the fact that money does so
remain should be shown by the weight of
testimony, and not deduced from disputa
ble presumptions. The order of the lower
court is, therefore, set aside.
State of Oregon ex rel. Thcmas J. Ham
mer, respondent, vs. F. O. Downing, ap
pellant, from Multnomah County. Alfred
F. Sears. Jr., Judge; aflirmed. Opinion by
This was a special proceeding to punish
Downing for disobeying an order of the
Circuit Court requiring him to apply cer
tain money found by the court to be In
his possession to the satisfaction of a
judgment against him. The contempt pro
ceedings were instituted by the filing of
an affidavit stating the facts. Downing
appeared and contested the contempt pro
ceedings upon various grounds, but It was
found by the Circuit Court that Downing
had the power to comply with tho order,
and not having done so, he was fined $25
and ordered confined in tho County Jail
until he should apply the $10,000 to ihe
satisfaction of the judgment as directed.
From this order Downing appealed. The
points of law decided arc as follows:
Under sections SOS and 300 of the code,
relating to proceedings supplemental to
execution, If the preliminary order be
made by the Judge, the final order, if
made In vacation or at chambers, must
also be made by tho same authority, for
a Judge may exercise, out of court, all the
powers expressly conferred upon such offi
cer, as contra-dlstlngulshed from a court,
and not otherwise.
If the judgment debtor fails to appear
at the examination concerning his prop
erty, the court still has authority, upon
proper evidence, to order him to apply
money shown to be In his possession, to
the satisfaction of the judgment.
It is not necessary that an execution bo
levied upon tangible property before the
judgment creditor can have recourse to
the supplementary proceedings, but It Is
sufficient if it be shown that an execution
has been Issued, and that defendant has
property which he refuses to apply to its
satisfaction, and this although property
has been attached.
Although the order directing the pay
ment of money may have been voidable,
so long as the order remained In force the
defendant Is In contempt If he disobeys It.
Contempt proceedings should be Insti
tuted, If criminal. In the name of the
state, and If civil. In the name of the state
upon the relation of a private party, but
a defect in this respect Is not fatal, but
may bo cured by amendment.
No error Is found, and the order of the
court below Is affirmed.
Ella Rathbone, administratrix, respond
ent, vs. the Oregon Railroad & Naviga
tion Company, appellants, from Multno
mah County, Alfred F. Sears, Jr., Judge;
reversed. Opinion by Chief Justice Bean.
This was an action to recover damages
for the death of Charles A. Rathbone, al
leged to have been caused by the negli
gence of defendant. Rathbone was not in
the employ of the company, but was rid
ing on the section handcar at the Invita
tion of the section foreman, when he was
killed by a train. The Supreme Court
holds that a man riding on a handcar un
der such conditions Is a trespasser, and
the railroad company owes him no other
duty than to use reasonable care not to
Injure him after he Is discovered. The
fact that the section foreman Invited him
to ride does not alter the case, for the
foreman Is not the agent of the company,
and riding on handcars Is against the
Mark Mllos, respondent, vs. Peter Co
vacevlch, appellant, from Multnomah
County, Alfred F. Sears. Jr.. Judge; re
versed. Opinion by Chief Justice Bean.
Plaintiff and defendant having had busi
ness relations, agreed upon a settlement
whereby it was orally agreed that de
fendant should. In payment of a balance,
deed to plaintiff a certain lot In Portland,
valued at ). and pay him ?100 In money
upon the happening of a certain contin
gency. At the close of the fishing season
defendant was to deliver to plaintiff a
certain net valued at J22.1. Two days later
the lot was conveyed, and the plaintiff
gave defendant a receipt showing what
the conveyance was for, but no mention Oi
the net was made In the receipt. De
fendant afterward refused to deliver the
net, and plaintiff brought suit to recover
its value. Plaintiff won In the lower
court. The Supreme Court holds that the
ngreument to deliver the net was void
because not in writing, unless the satis
faction of the debt can be considered a
"A mere agreement to apply the pur
chase money will not suffice, because the
contract would still rest in words and
nothing more. The statute requires the
payment to be made at the time of the
agreement, and It Is doubtful whether a
subsequent payment will suffice unless it
is made for the express purpose of com
plying with the statute, or at a time
when the pnrties substantially reaffirmed
the terms of the contract."
As the receipt showed that the debt was
to be cancelled by the transfer of the
lot and the payment of $100, it cannot be
used as evidence regarding the net.
Julia C. Richardson, appellant, vs. Ber
trand Orth et al., respondents, from Mult
nomah County, John B. Cleland, Judge;
affirmed Opinion by Justice Wolvcrton.
The principal points of law decided are
that where a will Is written by a woman
who did not sign it, but, after folding It,
had two witnesses sign It, without their
knowing what It was, although sho signed
It at a later date, the will is void. If the
matter of the signature at the end of the
document be disregarded, since she had
written her name In the body of the will.
It is still insufficient, for she did not tell
the witnesses that it was her will, nor
ask them to witness her signature to it,
as required by law.
E. W. Haln ? respondent, V3. E. P.
Cadwell, and Laura M. Cadwell, appel
lants, from Washington County, T. A.
McBrlde, Judge; afflrmed. Opinion by
Plaintiff Is a banker at Forest Grove.
Cadwell had overdrawn his account at
the bank to the amount of $444 57, and in
payment of this and to secure the pay
ment of such further drafts as he might
make, he and his wife executed their note
for $2000. The bank afterward advanced
Cadwell $775, but refused to make any
more advances. Thereafter, and by mis
take, money was credited to Cadwell's
account, and Cadwell drew it. This suit
was brought on the note to recover the
amount due the bank. Cadwell's defense
was that since the advance was not made
by the bank under the agreement made at
the time the note was given, the bank
could not sue on the note, but must pur
sue somo other remedy. The Supreme
Court, in affirming the lower court, says:
"The objection is refined and highly
technical, and we think without merit.
The plaintiff alleges that the note was
given to secure further advances In such
amounts and at such times as might be
convenient, and the testimony tends to es
tablish this allegation. The fact that
an item of credit was given by mistake by
plaintiff, and defendant had availed him
self of the opportunity and had drawn
against the bank to cover the amount
thereof, renders It none the less an ad
vance or extension of credit under the
terms of the agreement. The account
had never been closed, nor had the note
been surrendered, so that the obligation to
answer for the advance continued."
Minor questions are considered and no
error is found.
D. R. Hawkins, respondent, vs. August
Donnerberg et al.. appellants, from Mult
nomah County, on motion to amend de
cree; decree amended so as to allow plain
tiff to recover $5 each from E. G. Clark,
H. T. Hudson and Stubbs & Lawrence.
with interest from maturity. Defendants
above named allowed their costs and dis
bursements in this court and In the court
S. Normile, respondent, vs. The Oregon
Railway & Navigation Company, appel
lant; ordered that appellant has until
February 1, 1902, to file reply brief.
P. H. Ovlatt, appellant, vs. Big Four
Mining Company, respondent; petition for
A. H. Cat son, respondent, vs. F. M.
Hayes, appellant; petition for rehearing
C. A. Scott, respondent, vs. Joseph R.
Lewl3, appellant; petition for rehearing
State of Oregon, respondent, vs. Thomas
O'Day, et al., appellants; motion to ad
Henry M. Wagner respondent, vs. City
of Portland, appellant; argued and sub
mitted. Charles Vcnable et al.. respondents, vs.
Board of Police Commissioners of Port
land, appellant; argued and submitted.
RABBITS ARE A PEST.
Wholesale Slaughter of Them Will
Take Place at Batter Crcclc.
PENDLETON, Or.. Dec. 16. At the
mouth of Butter Creek. December 2), will
occur a rabbit drive. Many people will
participate. It is expected that thou
sands of Jackrabblts will bo corraled and
slaughtered. The plan is to make an
excursion from several towns, and Induce
people who can overcome their humane
scruples to go there on cheap fares an'l
assist In the bloody work of killing all
the rabbits that the hunters are able to
drive Into the enclosure. Fences half
a mllo long have been built leading out
from the corral at right angles. People
will be there from all parts of the coun
try. Women are Invited to participate.
Lunch counters will be set up and hot
meals served. Last year, at Blalocks'
Island, thousands of rabbits were slaugh
tered, and hundreds of people attended.
The Pendleton Sportsmen's Association
has arranged to secure a large number
of the rahblts and to bring them hero for
a llve-rabblt shoot on the following day,
BIRDS GETTING SCARCE.
Mongolian Plicnsnnt.n Show the Ef
fect of Wholesale Slnnffhter.
ALBANY, Or., Dec. 15. The scarcity of
the Mongolian pheasant Is marked here
In Linn County, where they have always
been more numerous than In any other
portion of the state. At the beginning of
the open season the birds were never
more plentiful. But thousands have been
ki'hd this season, and they are compara
tively scarce. The illegal hunting of
these birds is also an important factor in
lessening their numbers. It Is a fact that
some farmers kill the bird3 at ail times
of ths year.
So far has the fame of this splendid
game bird spread that a groat number of
sportsmen come here every year to hunt
at tho beginning of the open season. Men
from all parts of Oregon hunt China
pluasr.rtr. In Linn County. Ma-.v hunters
como from Washington and California,
and scrretlmes there are hunters here
from the East.
FltOZCX TO DEATH.
Man. Died of Expotnre on a Monntnln
Trnll In Eastern Oregon.
BAKER CITY, Or.. Dec. 16. Dan Burke,
a well-known laboring man of North
Powder, was frozen to death Saturday
night In the hills 18 miles west of Haines.
Burke left Haines Saturday to do pome
work on a tunnel for Fisher Bros.
The tunnel Is to tap a lake for Irrigation
purposes on the north fork of Rock
Creek. His body was found yesterday
morning by some men who were going
over the trail. Several packages and
bundles were scattered along the trail. It
was apparent that Burke had become ex
hausted and died from exposure. Cor
oner Snow decided that an Inquest was
not necessary. Burke was a member of
the Woodmen of the World at North
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